[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Rules and Regulations]
[Pages 69744-69747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27344]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1168; Directorate Identifier 2010-NM-239-AD; 
Amendment 39-17255; AD 2012-22-17]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 767-200 and -300 series airplanes. This AD was 
prompted by reports of cracks in the inner chords at both left-side and 
right-side stations 859.5, 883.5, and 903.5. This AD requires 
repetitive inspections of the frame inner chord transition radius for 
cracks, and related investigative and corrective actions if necessary. 
We are issuing this AD to prevent large cracks in the frames and 
adjacent structure that can adversely affect the structural integrity 
of the airplane.

DATES: This AD is effective December 26, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 26, 
2012.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (phone: 800-647-5527) is Document Management Facility, 
U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6577; fax: 425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM published in the Federal Register on November 9, 2011 (76 FR 
69685). That NPRM proposed to require repetitive inspections of the 
frame inner chord transition radius for cracks, and related 
investigative and corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(76 FR 69685, November 9, 2011) and the FAA's response to each comment.

Statement of Intent To Comply With the NPRM (76 FR 69685, November 9, 
2011)

    American Airlines stated that it will incorporate the NPRM (76 FR 
69685, November 9, 2011) requirements into its maintenance program and 
that any corrective actions will be performed at a time that is 
appropriate based on the compliance thresholds in the NPRM.

Request To Revise Note 1 to Paragraph (g) of the NPRM (76 FR 69685, 
November 9, 2011)

    Boeing requested that we revise the wording of Note 1 to paragraph 
(g) of the NPRM (76 FR 69685, November 9, 2011) to clarify that 
structural inspections of fuselage structure are mandated by AD 2003-
18-10, Amendment 39-13301 (68 FR 53503, September 11, 2003). (AD 2003-
18-10 requires revising the airworthiness limitations section of the 
maintenance planning data document to incorporate certain inspections 
and compliance times to detect fatigue cracking of principal structural 
elements.) Boeing stated that an alteration of these structural 
inspections will be required for repair(s) done in accordance with 
Boeing Service Bulletin 767-53A0209, Revision 1, dated July 27, 2011. 
That service bulletin contains post-repair inspections that already 
provide alternative method of compliance (AMOC) coverage for the 
requirements of AD 2003-18-10.
    We disagree with the commenter's request. Paragraph F., 
``Approval,'' of Boeing Service Bulletin 767-53A0209, Revision 1, dated 
July 27, 2011, already contains approval of the inspections as an AMOC 
for the requirements of the pertinent paragraphs of AD 2003-18-10, 
Amendment 39-13301 (68 FR 53503, September 11, 2003). We have not 
changed the final rule in this regard.

[[Page 69745]]

Request To Exclude Certain Inspections

    All Nippon Airways (ANA) requested that we include a statement in 
the proposed requirements of the NPRM (76 FR 69685, November 9, 2011) 
to give credit for the inspection at the locations where FAA-approved 
repairs have been accomplished for the subject cracking of the inner 
chords prior to the release of Boeing Service Bulletin 767-53A0209, 
Revision 1, dated July 27, 2011. ANA stated that Boeing Service 
Bulletin 767-53A0209, Revision 1, dated July 27, 2011, does not 
describe how operators treat the previously FAA-approved repairs and 
that a credit statement was included in the service information 
referenced in AD 2011-02-06, Amendment 39-16579 (76 FR 4224, January 
25, 2011). ANA stated that it would have to obtain approvals for all 
previously FAA-approved repairs as AMOCs to the new AD; and considered 
this a huge burden that increases costs and work-hours.
    We disagree with the commenter's request. The structural issues in 
the identified unsafe condition for this AD are significantly different 
and more complex than those addressed by AD 2011-02-06, Amendment 39-
16579 (76 FR 4224, January 25, 2011). We are unable to approve AMOCs 
for repairs that may have had previous FAA approvals without 
information as to how they mitigate the unsafe condition addressed in 
this AD. Under the provisions of paragraph (j) of this AD, we will 
consider requests for approval of an AMOC for previous repairs if 
sufficient data are submitted to substantiate that the repairs would 
provide an acceptable level of safety for the unsafe condition 
addressed in this AD. We have not changed the final rule in this 
regard.

Request for Global Terminating Action and Delay of AD

    Delta Airlines (Delta) requested that we revise the NPRM (76 FR 
69685, November 9, 2011) to add the statement ``FAA approved repairs 
for cracking at the subject locations prior to the release of this 
service bulletin (Boeing Service Bulletin 767-53A0209, Revision 1, 
dated July 27, 2011), constitute terminating action for the inspections 
defined in this AD.'' Delta stated that, if previously installed FAA-
approved repairs are not approved as terminating action, then it would 
request that the AD effective date be three months after the release of 
the AD, rather than two or three weeks after the release of the AD. 
Delta asserted that this would allow additional time for Boeing and 
Aviation Partners Boeing to review and provide AMOC information for the 
large volume of previous repairs associated with this area.
    We disagree to add approval of a global terminating action for 
previously approved repairs. We are unable to approve a global 
terminating action for repairs that might have had previous FAA 
approvals without information as to how each repair mitigates the 
identified unsafe condition addressed in this AD. In addition, 
requirements that must be met for approvals of AMOC requests exceed 
those for repair approvals. We also disagree to delay the effective 
date of this AD. We considered that delaying issuance of this AD is 
inappropriate in light of the identified unsafe condition. We have not 
changed the final rule in this regard.

Clarification of Effect of Winglet Installation

    We have added new paragraph (c)(2) to this AD, which states that 
Supplemental Type Certificate (STC) ST01920SE (http://rgl.faa.gov/
Regulatory--and--Guidance--Library/rgstc.nsf/0/
082838ee177dbf62862576a4005cdfc0/$FILE/ST01920SE.pdf) does not affect 
the ability to accomplish the actions required by this AD. Therefore, 
for airplanes on which STC ST01920SE is installed, a ``change in 
product'' AMOC approval request is not necessary to comply with the 
requirements of 14 CFR 39.17. For all other AMOC requests, the operator 
must request approval for an AMOC in accordance with the procedures 
specified in paragraph (j) of this AD.

Change to Paragraph (j)(3) of This AD

    We have removed the reference to Federal Aviation Regulations 14 
CFR 25.571, Amendment 45 from this AD that was specified in paragraph 
(j)(3) of the NPRM (76 FR 69685, November 9, 2011). Removing this 
reference will neither increase the economic burden on any operator nor 
increase the scope of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously--and minor editorial 
changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the 
NPRM (76 FR 69685, November 9, 2011), for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (76 FR 69685, November 9, 2011).

Costs of Compliance

    We estimate that this AD will affect 325 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
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Detailed or HFEC inspection......  23 or 26 work-hours              $0  $1,955 or $2,210     Up to $718,250 per
                                    x $85 per hour =                     per inspection       inspection cycle.
                                    $1,955 or 2,210                      cycle.
                                    per inspection
                                    cycle.
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    We estimate the following costs to do any necessary repairs that 
would be required based on the results of the inspection. We have no 
way of determining the number of aircraft that might need these 
repairs.

                                               On-Condition Costs
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                Action                        Labor cost               Parts cost            Cost per product
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Repair...............................  24 work-hours x $85 per  $383 to $8,327 per       $2,423 to $10,367 per
                                        hour = $2,040.           frame.                   frame.

[[Page 69746]]

 
On-condition detailed and HFEC         7 work-hours x $85 per   $0.....................  $595
 inspections and measurement.           hour = $595 per frame.
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2012-22-17 The Boeing Company: Amendment 39-17255; Docket No. FAA-
2011-1168; Directorate Identifier 2010-NM-239-AD.

(a) Effective Date

    This AD is effective December 26, 2012.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 767-200 and -300 
series airplanes, certificated in any category, as identified in 
Boeing Service Bulletin 767-53A0209, Revision 1, dated July 27, 
2011.
    (2) Supplemental Type Certificate (STC) ST01920SE (http://
rgl.faa.gov/Regulatory--and--Guidance--Library/rgstc.nsf/0/
082838ee177dbf62862576a4005cdfc0/$FILE/ST01920SE.pdf) does not 
affect the ability to accomplish the actions required by this AD. 
Therefore, for airplanes on which STC ST01920SE is installed, a 
``change in product'' alternative method of compliance (AMOC) 
approval request is not necessary to comply with the requirements of 
14 CFR 39.17. For all other AMOC requests, the operator must request 
approval for an AMOC in accordance with the procedures specified in 
paragraph (j) of this AD.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of cracks in the inner chords at 
both left-side and right-side stations 859.5, 883.5, and 903.5. We 
are issuing this AD to prevent large cracks in the frames and 
adjacent structure that can adversely affect the structural 
integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Repetitive Inspections, Related Investigative Actions, and 
Corrective Actions

    Except as required by paragraph (h)(2) of this AD, at the times 
specified in paragraph 1.E., ``Compliance,'' of Boeing Service 
Bulletin 767-53A0209, Revision 1, dated July 27, 2011: Perform a 
detailed inspection or a surface high frequency eddy current (HFEC) 
inspection for cracking in the frame inner chord transition radius 
at stations 859.5, 883.5, and 903.5, as applicable, left buttock 
line and right buttock line 89, below water line 200; and do all 
applicable related investigative and corrective actions; in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 767-53A0209, Revision 1, dated July 27, 2011; except as 
required by paragraph (h)(1) of this AD. Do all applicable related 
investigative and corrective actions before further flight. If no 
cracking is found, repeat the inspections thereafter at the 
applicable interval specified in paragraph 1.E., ``Compliance,'' of 
Boeing Service Bulletin 767-53A0209, Revision 1, dated July 27, 
2011.

    Note 1 to paragraph (g) of this AD:  The post-repair inspections 
specified in Tables 2, 4, 6, and 8 of paragraph 1.E., 
``Compliance,'' of Boeing Service Bulletin 767-53A0209, Revision 1, 
dated July 27, 2011, may be used in support of compliance with 
paragraph (c)(2) of Section 121.1109 or 129.109 of the Federal 
Aviation Regulations (14 CFR 121.1109(c)(2) or 14 CFR 
129.109(c)(2)).

(h) Exceptions to the Service Information

    (1) If any cracking is found during any inspection required by 
this AD, and Boeing Service Bulletin 767-53A0209, Revision 1, dated 
July 27, 2011, specifies to contact Boeing for appropriate action: 
Before further flight, repair the cracking using a method approved 
in accordance with the procedures specified in paragraph (j) of this 
AD.
    (2) Where Boeing Service Bulletin 767-53A0209, Revision 1, dated 
July 27, 2011, specifies a compliance time after the date on that 
service bulletin, this AD requires compliance within the specified 
compliance time after the effective date of this AD.

(i) No Reporting Required

    Although Boeing Service Bulletin 767-53A0209, Revision 1, dated 
July 27, 2011, specifies to submit certain information to the 
manufacturer, this AD does not include that requirement.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector

[[Page 69747]]

or local Flight Standards District Office, as appropriate. If 
sending information directly to the manager of the ACO, send it to 
the attention of the person identified in the Related Information 
section of this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD if it is approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that has been authorized by the Manager, Seattle ACO, to make 
those findings. For a repair method to be approved, the repair must 
meet the certification basis of the airplane, and the approval must 
specifically refer to this AD.

(k) Related Information

    For more information about this AD, contact Berhane Alazar, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, ACO, 1601 Lind 
Avenue SW., Renton, WA 98057-3356; phone: 425-917-6577; fax: 425-
917-6590; email: [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Service Bulletin 767-53A0209, Revision 1, dated July 
27, 2011.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
    (4) You may review copies of the referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (5) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 31, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-27344 Filed 11-20-12; 8:45 am]
BILLING CODE 4910-13-P